2. Xiao Fang was a minor when he entered the factory. According to the law, workers must be at least 16 years old and have the ability to work and act.
This labor contract is invalid because it violates the law.
4. Only art, sports and special craft units can recruit minors under the age of 16, but they must go through the examination and approval procedures in accordance with relevant state regulations and guarantee their right to compulsory education.
Of course, you may be worried about some disputes in the future, but the law still provides some solutions.
According to Article 2 of the Labor Contract Law, employers include enterprises and individuals in People's Republic of China (PRC).
Economic organizations, private non-enterprise units and other organizations, state organs, institutions and social organizations. And the above employers have to take
Legal employment qualification must go through the formalities of industrial and commercial registration or other relevant qualification registration, otherwise it will constitute illegal employment.
When a labor dispute arises between a laborer and an employer and applies for arbitration, the labor dispute arbitration commission requires the laborer to provide the employer.
A copy of the business license or industrial and commercial registration information of the unit is to confirm the subject qualification and case jurisdiction of the employer.
Wai. So in general, if you can't provide any information of the employer, arbitration will not accept you.
Apply.
However, as long as the contract signed by the illegal employer and the employee does not violate the mandatory provisions of the law or the goodwill of the society.
Custom and social moral contract, even if there is illegal employment, should also admit the existence of labor relations, therefore, since
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases, implemented on September 10.
(three) the "Regulations" have made new provisions on the handling of labor disputes between units and workers who do not have legal business qualifications:
"Workers and employers who have not applied for a business license, whose business license has been revoked or whose business term has expired continue to operate.
In case of dispute, the employer or its investors shall be listed as one party; Failing to apply for a business license as required, and having its business license revoked, or
If an employing unit that continues to operate after the expiration of the term of operation borrows another person's business license to operate by means of affiliation, it shall use the employing unit.
Units and business license lenders are listed as parties. "
I hope my answer is helpful to you. Thank you.